Disclosure Required If Editorial Coverage Is An Advertorial

Consumer Protection from Unfair Trading Regulations 2008

Handpicked Media operates a commercial blogging network which engages bloggers to provide editorial content on various matters such as music, fashion and beauty. The material produced was published in various places, including Twitter. The OFT became concerned that these bloggers were publishing online content which promoted the activities of Handpicked Media's clients, without sufficient disclosures in place to make it clearly identifiable to consumers that promotions had been paid for.

The OFT took enforcement action under the 2008 Regulations on the grounds that Handpicked Media's practices constituted misleading omissions contrary to Regulation 3(4)(b) under Regulation 6, in that the promotion did not disclose material information. In addition, the practice constituted unfair commercial practices contrary to paragraph 11 of Schedule 1 of the Regulations, as they involved the use of editorial content in